The Game is a videogame provided to you by Level Eight AB.
If enabled by Level Eight in its sole discretion, you may establish an account with account data provided to Level Eight by a third party such as a gaming platform, social networking service etc. in which case you may have a separate, additional account relationship with such third party.
You acknowledge and agree that you will (a) provide true, accurate, current, and complete information as requested when registering an account and (b) maintain and update this registration information to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to any computer, smart phone, tablet etc. that you use for accessing the Game and you hereby accept sole responsibility for all activities that occur under your account or password. Level Eight, its affiliates and service providers reserve the right to restrict or terminate access to the Game, refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion for any reason whatsoever, including, without limitation, if you provide registration information which is false, inaccurate, not current, or incomplete.
LEVEL EIGHT RESERVES THE RIGHT TO ADD, MODIFY, OR DELETE/CANCEL THE GAME, INCLUDING YOUR ACCESS TO THE GAME AT ANY TIME. LEVEL EIGHT MAKES NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS OR ACCURACY OF THE GAME NOR DOES IT REPRESENT OR WARRANT THAT THE GAME WILL BE AVAILABLE AT ALL TIMES OR AT ANY TIME. THE GAME MAY BE INCOMPLETE, MAY CONTAIN ERRORS ETC. LEVEL EIGHT MAKES NO COMMITMENT AND EXPRESSLY DISCLAIMS ANY DUTY TO FIX ANY ERRORS OR LACK OF FUNCTIONALITY IN THE GAME. THE GAME IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY EXPRESS WARRANTIES.
Certain versions of the Game may be provided as a “free-to-play game” where you can access and play certain parts of the Game or Game versions without paying any fees. However other versions of the Game or certain Game levels and features are “premium features” where you must pay a fee or purchase in-game material or access to play such levels and features etc. Where applicable, You agree to fully pay for the Game, features, levels, versions, in-game purchases, products and services that you have ordered in the Game. You are responsible for providing Level Eight and/or the platform/service providers with valid credit card information to secure payment. Level Eight and/or the platform/service providers reserves the right to cancel any order if the credit card information you provide is not valid. Payment may be processed in cooperation with third party payment service providers, like PayPal etc. Level Eight or the platform/service providers confirm all subscriptions, purchases and send all initial login or activation information by email once Level Eight or the platform/service provider have had the opportunity to confirm your purchase.
In order to access and play certain versions of the Game or certain Game levels in the Game, access certain additional content, premium services etc. you are required to pay certain fees (certain Game versions and the premium services and access to additional content are provided to paying users only). You can find the current fees and payment terms at the platform/service provider’s Game access pages etc. Level Eight may also offer other products and services in the Game etc., either for free, for one-time fees or for recurring fees. Level Eight and/or the platform/service provider may amend the fees and payment terms at any time. If any fees are subject to any type of applicable taxes, Level Eight or the platform/service provider may charge you for any such taxes, in addition to any fees.
ALL FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
However, a remaining portion of the payment may be credited in Level Eight’s and/or the platform/service provider sole discretion should you decide to upgrade your services. When you purchase the Game and any product or service in the Game or in relation to the Game you authorize Level Eight or the platform/service provider to automatically charge your credit card the fees in accordance with the payment terms. You are responsible for paying all applicable taxes (including those Level Eight or the platform/service provider are not required to collect) and for all hardware, software, Internet, and other costs you incur to access and play the Game. Level Eight and/or the platform/service provider reserves the right to change the fees and availability of the Game at any time without notice; provided, however, such price change will not affect your purchase price for orders that Level Eight or the platform/service provider has already actually received from you and processed, unless expressly stated otherwise in your payment terms. You are responsible for reviewing the Game for changes in the fees or payment terms.
LEVEL EIGHT PROVIDES THE GAME ON AN “AS IS” BASIS. LEVEL EIGHT OR THE PLATFORM/SERVICE PROVIDER SHALL ENDEAVOR TO DELIVER THE GAME THAT YOU HAVE ORDERED TO YOU WITHIN A REASONABLE AMOUNT OF TIME. HOWEVER, TECHNICAL PROBLEMS MAY DELAY OR PREVENT DELIVERY AND EXCEPT AS SET FORTH IN THE NEXT SENTENCE, LEVEL EIGHT OR THE PLATFORM/SERVICE PROVIDER SHALL HAVE NO LIABILITY TO YOU WITH RESPECT TO DELAYS OR DELIVERY PROBLEMS. YOUR SOLE REMEDY WITH RESPECT TO THE GAME, A PURCHASED PRODUCT OR SERVICE THAT IS NOT DELIVERED WITHIN A REASONABLE AMOUNT OF TIME AFTER ORDERING IS TO EITHER RECEIVE A REPLACEMENT OF THE GAME, PRODUCT OR SERVICE, OR A REFUND OF THE PURCHASE PRICE PAID FOR THE GAME, PRODUCT OR SERVICE, AS DETERMINED BY LEVEL EIGHT OR THE PLATFORM/SERVICE PROVIDER IN THEIR SOLE DISCRETION.
LEVEL EIGHT MAY FROM TIME TO TIME UPDATE OR OTHERWISE MODIFY THE GAME ELECTRONICALLY, OR REQUIRE THE USER TO INSTALL UPDATES, PATCHES OR FIXES TO THE GAME (“UPDATES”). UPDATES MAY CHANGE THE GAME’S TERMS, CONDITIONS, FEATURES, ITEMS, MECHANICS, OR ANY OTHER ELEMENT OF THE GAME. YOU MUST INSTALL SUCH UPDATES BEFORE YOU WILL BE ALLOWED TO PROCEED TO PLAY THE GAME. IF YOU FAIL TO INSTALL THE NEW RELEASE WHEN REQUIRED, LEVEL EIGHT WILL NOT BE RESPONSIBLE IN ANY WAY FOR YOUR INABILITY TO PLAY THE GAME, AND YOU SHALL NOT BE ENTITLED TO RECEIVE A REFUND OF ANY PREPAID FEES OR ANY OTHER FORM OF COMPENSATION.
YOU ARE NOT ENTITLED TO RECEIVE ANY NEW RELEASES OF THE GAME, OR ANY EXPANSION PACKS, UPDATES, UPGRADES OR SIMILAR PRODUCTS UNDER THIS AGREEMENT, BUT LEVEL EIGHT MAY, IN ITS SOLE DISCRETION, BUT IS NOT OBLIGATED TO OFFER ANY OR ALL OF THE FOREGOING TO YOU. LEVEL EIGHT MAY PROVIDE NEW RELEASES OR OTHERWISE ENHANCE THE GAME AT ANY TIME, IN ITS SOLE DISCRETION, WITHOUT OBLIGATION TO YOU. ANY SUCH NEW RELEASE OR OTHER ENHANCEMENT OF THE GAME MAY CHANGE THE GAME’S TERMS, CONDITIONS, FEATURES, ITEMS, MECHANICS, OR ANY OTHER ELEMENT OF THE GAME. PERIODICALLY, LEVEL EIGHT WILL REQUIRE ALL USERS TO MIGRATE TO NEW RELEASES OF THE GAME IN ORDER TO CONTINUE TO PLAY IT. IF YOU FAIL TO UPDATE THE GAME AND INSTALL THE NEW RELEASE WHEN REQUIRED, LEVEL EIGHT WILL NOT BE RESPONSIBLE IN ANY WAY FOR YOUR INABILITY TO PLAY THE GAME, AND YOU SHALL NOT BE ENTITLED TO RECEIVE A REFUND OF ANY PREPAID FEES OR ANY OTHER FORM OF COMPENSATION.
The Game, platforms etc. may contain advertising and links to other games, websites, services etc. Level Eight does not review or evaluate any adverts or games, websites, services etc. linked to in the Game or the platform and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the adverts, content on these games, websites, services etc. nor is it responsible for the advertising, products, or other materials that may appear in or are offered by such adverts, games, websites, services, the platforms etc. You should carefully review the adverts and respective conditions of use for each of these games, websites, services etc. Under no circumstances shall Level Eight be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any advertising, content, products, goods, or services etc. available on such games, websites, services, platforms etc.
Your access to and/or playing of the Game constitutes your agreement to defend, indemnify, and hold harmless Level Eight, its parents and affiliates, licensors and partners, the platform/service providers and their respective members, employees, contractors, officers, and directors, from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of your use or misuse of the Game including related services by a third party with the use of your account.
THE GAME IS PROVIDED BY LEVEL EIGHT ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LEVEL EIGHT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, LEVEL EIGHT MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE GAME, THE INFORMATION, CONTENT, MATERIALS ETC. INCLUDED THEREIN; (II) THAT THE GAME WILL BE FUNCTIONING CONTINUOUSLY, UNINTERRUPTED, SECURELY OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, PRODUCTS AND SERVICES PROVIDED; OR (IV) THAT THE GAME, SERVERS, PLATFORMS, OR E-MAILS SENT FROM OR ON BEHALF OF LEVEL EIGHT, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. ALTHOUGH LEVEL EIGHT PROVIDE RULES FOR USER CONDUCT AND POSTINGS, LEVEL EIGHT DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT OR SHARE IN THE GAME AND IS NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER IN THE GAME OR THE PLATFORMS OR IN CONNECTION WITH ANY THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT. LEVEL EIGHT IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY PLAYER OF THE GAME.
WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT LEVEL EIGHT SHALL HAVE NO LIABILITY WHATSOEVER FOR THE PERFORMANCE OF THE GAME OR ANY PRODUCTS AND/ OR SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE GAME, AND PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LEVEL EIGHT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LEVEL EIGHT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, THAT THE FUNCTIONS CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME, PRODUCTS AND SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE, OR THAT DEFECTS IN THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LEVEL EIGHT OR AN LEVEL EIGHT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IF NEEDED.
LEVEL EIGHT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY IN THE GAME OR IN RELATION TO THE GAME, THROUGH THE PLATFORMS, OR ANY HYPERLINKED WEBSITE OR FEATURE IN ANY BANNER OR OTHER ADVERTISING, AND LEVEL EIGHT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights in the Game and/or advertising related to the Game. Exposure to certain light patterns or backgrounds on a a device, screen or virtual reality headset etc. may induce an epileptic seizure, motion sickness even in persons who have no history of prior seizures or epilepsy. Level Eight takes no responsibility for such effects in the Game and advertising related to the Game and end results thereof and you are accessing and playing the Game and seeing the advertising on your own risk. Nor does Level Eight take any responsibility for motion sickness, any balance problem etc. that may occur from the playing of the Game or seeing the advertising etc.
The names, logos, characters, brands and product and service names appearing in the Game and related services are trademarks/service marks or registered trademarks/service marks of Level Eight or third parties (the respective holders). The use of any such trademark or service mark without express written consent of the respective holder is strictly prohibited.
Level Eight Intellectual Property Rights
Except for any User Content, you hereby irrevocably, and without additional consideration beyond the rights granted to You herein, assigns to Level Eight any and all right, title and interest that You may have, including copyrights, in or to any and all information, user exchanges, transmits or uploads while playing the Game, including without limitation all files, data and information. The assigned rights include the right to lease and assign the rights and make changes to the information and materials etc. To the extent that any such rights are not assignable, You hereby grants Level Eight an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free, paid in full license, fully sub-licensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any part of such information and materials, in any medium now known or hereafter devised.
End User Intellectual Property Rights
No Content Screening
Level Eight assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Game for inappropriate content or conduct. We do not, and cannot, prescreen or monitor all User Content. If at any time Level Eight chooses, in its sole discretion, to screen content Level Eight nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
Level Eight License to User Intellectual Property
You agree that Level Eight shall be given the irrevocable, sub-licensable, perpetual, worldwide, royalty free right to utilize, perform, reproduce, incorporate in to the Game and related services modify, edit, publicly perform, publicly display, distribute and make derivative works from your User Content and in any and all media now known or hereafter devised for marketing and promotional purposes and to feature your User Content and any derivative works created therefrom, in its or third parties services, for example in merchandise, spin-off products etc. Where applicable you shall be provided certain compensation therefore as stipulated by Level Eight in its sole discretions.
You agree to abide by all applicable laws and regulations when playing the Game. Your continued access to the Game and right to play the Game is subject to proper conduct. Without limiting Level Eight’s rights to control the Game’s environment, and the conduct of the End Users within that environment, Level Eight prohibits the following practices that Level Eight has determined detract from the overall user experience and you are strictly prohibited from:
If you post recordings of your playing of the Game on sites lite Twitch.com, YouTube.com etc. you shall refer to the name of the Game and give Level Eight credit as the developer of the Game. Such recordings and postings shall be done in good taste.
Level Eight may from time to time contact you by any appropriate information channel to keep you up to date with news about for example the Game, new products and services, updates, campaigns, promotions, faults, issues relating to technical aspects and/or the usability of the Game, payment methods etc. Level Eight may occasionally ask you to provide information on your experiences of playing the Game etc. which will be used to improve the quality and provision of the Game etc. You are not required to provide any ideas, feedback or suggestions (collectively, “Feedback”) to Level Eight. Any and all information which is submitted by you is submitted voluntarily. To the extent you do provide any Feedback to Level Eight, you agree to assign and hereby do assign and/or exclusively licenses all right, title and interest in and to such Feedback to Level Eight and acknowledge that Level Eight may freely use, reproduce, modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner such Feedback without payment of any royalties or other consideration to you. You can stop the delivery of promotional messages from Level Eight by following the specific instructions in promotional messages or by our customer support at email@example.com. These communication choices do not apply to mandatory service communications that are considered part of the Game. which you may receive periodically.
When you play the Game or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically and communicate with us electronically. We will communicate with you by e-mail or by posting notices in the Game or by any other means Level Eight finds suitable. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (whether by email, posting notice in the Game or otherwise) satisfy any legal requirement that such communications be in writing.
Disputes between you and Level Eight
OUR GOAL IS TO RESOLVE DISPUTES FAIRLY AND QUICKLY. FOR ALL DISPUTES AGAINST LEVEL EIGHT, YOU AGREE TO FIRST CONTACT LEVEL EIGHT AND TRY TO RESOLVE THE DISPUTE INFORMALLY BY SENDING A WRITTEN NOTICE OF THE CLAIM ("NOTICE") TO LEVEL EIGHT. THE NOTICE TO LEVEL EIGHT MUST BE SENT VIA REGISTERED LETTER TO THE ADDRESS LISTED IN SECTION 30 BELOW OR BY EMAIL WITH CONFIRMATION OF RECEIPT. THE NOTICE MUST (A) INCLUDE YOUR NAME, YOUR RESIDENTIAL ADDRESS AND E-MAIL ADDRESS AND / OR MOBILE PHONE NUMBER ASSOCIATED WITH YOUR ACCOUNT; (B) DESCRIBE THE TYPE AND REASON FOR THE CLAIM; AND (C) SPECIFY THE SPECIFIC COMPENSATION SOUGHT. IF YOU AND LEVEL EIGHT CANNOT AGREE ON A SOLUTION TO THE DISPUTE WITHIN 60 DAYS OF RECEIVING SUCH A NOTICE, EITHER PARTY MAY INITIATE LEGAL PROCEEDINGS IN ACCORDANCE WITH SECTIONS 23-26.
You are solely responsible for your interactions with other users of the Game. We reserve the right, but have no obligation, to monitor disputes between you and other users.
If you are located within the United States of America, the following applies to you: Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent jurisdiction.
The right to refrain from arbitration. You may choose to waive this arbitration term. Then neither you nor Level Eight can demand that the other party take part in arbitration proceedings. In order to refrain, you must inform Level Eight in writing about this within 30 days of obtaining notice of this Arbitration section. You must provide the name and address, the e-mail address associated with your Game account (if you have one) and a clear wording that you want to waive the arbitration terms. All requests to refrain from arbitration must be sent to: Level Eight AB, Östra Rådhusgatan 6, 903 26 Umeå, Sweden and marked “Waiver of Arbitration”. If you do not waive this arbitration section it will continue to apply to you.
YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER SECTION 23 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
(a) If you are located outside of the United States of America this Agreement shall be governed by and construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts of law, and the parties hereby consent to the sole and exclusive jurisdiction of the courts of Sweden, with the district court of Umeå (Umeå Tingsrätt) as first venue, to resolve any disputes arising out of or relating to this Agreement.
(c) Notwithstanding anything to the contrary, Level Eight may apply to any court of competent jurisdiction for injunctive or other equitable relief.
The Game and related products and services hereunder are offered by Level Eight AB, a Swedish corporation, with registered and business offices at Östra Rådhusgatan 6, 903 26 Umeå, Sweden. If you have questions or concerns about these Terms or Use, contact us at email: firstname.lastname@example.org.
Last Updated: May 29, 2018.